R v Robert Wooldridge
[2023] EWCA Crim 1410
R v Oussama Bouhamidi
12 September 2023
[2023] EWCA Crim 1066
Court of Appeal
A man was caught dealing drugs again after already being in trouble for it. A new law says he should get at least 7 years in prison, but the judge gave him less because he was young and admitted guilt. A higher court said the judge was right to give him less than 7 years, as the law allows that if there are "exceptional circumstances", but his repeated drug dealing wasn't exceptional enough.
Key Facts
- •Oussama Bouhamidi applied for leave to appeal against his sentence for drug trafficking offences.
- •The offences were committed after the introduction of section 124 of the Police, Crime, Sentencing and Courts Act 2022, which mandates a minimum 7-year sentence unless exceptional circumstances exist.
- •Bouhamidi was involved in two "county lines" drug operations, possessing significant quantities of drugs and cash.
- •He had previous drug trafficking convictions.
- •He received a 2045-day (5 years 7 months) sentence, a 20% discount from the mandatory 7-year minimum sentence.
- •The appeal argued that the judge erred in not finding exceptional circumstances, that two convictions represented a single continuous offence, that the starting point for sentencing should have been lower, and that a greater discount for his guilty plea should have been applied.
Legal Principles
Minimum sentence for drug trafficking offences under section 313 of the Sentencing Code, with exceptions for exceptional circumstances under section 313(2A).
Sentencing Act 2020, as amended by the Police, Crime, Sentencing and Courts Act 2022
The court must consider all circumstances holistically when determining if exceptional circumstances exist to justify deviating from mandatory minimum sentences. The circumstances must be truly exceptional.
R v Nancarrow [2019] EWCA Crim 470
In considering minimum sentences, the starting point is that Parliament intended a minimum sentence unless the circumstances of the offences and offender make it unjust.
Attorney General’s Reference (R v Marland) [2018] EWCA Crim 1770
Outcomes
The appeal was refused.
The court found the judge was entitled to find no exceptional circumstances justifying deviation from the minimum 7-year sentence. The previous convictions were distinct, and the applicant's continued drug dealing after previous convictions and while on bail demonstrated a lack of remorse and high culpability. The 20% discount for the guilty plea was appropriate given the circumstances.